All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate in (...) pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

The recent debate between liberals and their communitarian critics has reached a false plateau, with liberals conceding more than they should. After explicating the central communitarian thesis, the four ways that thesis could be understood, and the corresponding four senses of "independence," I argue that communitarians are right that liberalism requires a view of the self as 'unencumbered,' but I defend that view as superior to the alternatives. This allows me to defend true moral impartiality and universality as well as (...) the full normative primacy of the individual. I also present three variable factors of the 'inner citadel' model of the self and argue that communitarianism paradoxically presupposes a variant of that model which causes it internal contradictions. My discussion of these issues leads to a brief list of mandates for acceptable conceptions of personhood. After listing these, I briefly indicate implications of my analysis for the broader political and ethical realm. (shrink)

Culture is a notoriously elusive concept. This fact has done nothing to hinder its popularity in contemporary analytic political philosophy among writers like John Rawls, Will Kymlicka, Michael Walzer, David Miller, Iris Marion Young, Joseph Raz, Avishai Margalit and Bikhu Parekh, among many others. However, this should stop, both for the metaphysical reason that the concept of culture, like that of race, is itself either incoherent or lacking a referent in reality, and for several normative reasons. I focus on the (...) following interconnected points: • The vagueness of the term allows a myriad of candidates to claim rights, and typically to the detriment of increased equality and environmental goals . • Cultural capital cannot be regulated in the way that political capital must be regulated without undermining the cultures supposedly being protected. And the possession of cultural capital is almost never democratically regulated. In particular, granting cultures political status creates intergenerational conflict, rewarding the elders and creating incentives to be conservative and restrict cultural mobility of the younger generation. •The notion of a group owning “its” culture is conceptually suspect and corrupted by the foregoing points about unequal cultural capital. In defending a group’s right to preserve its culture we do not defend equally the rights of the individuals that make it up , and we ignore altogether the rights of those who may be unfairly denied recognition as “members” of the culture. (shrink)

The Charlie Hebdo massacre in January 2015 and the subsequent attacks of November 13 cast a garish light onto a conundrum at the center of how liberal democracies understand themselves. The Syrian emigrant crisis has added further color. How can a tolerant, liberal political culture tolerate the presence of intolerant, illiberal, sub-cultures while remaining true to its principles of tolerance? The problem falls within the intersection of two developments in the thinking of John Rawls, the great American political philosopher who (...) died in 2002. The later Rawls struggled with the problem of how society might stably survive the clash of plural sub-cultures that a liberal society - unless it is oppressively coercive - must itself foster and allow to flourish. And he separately struggled with the problem of how liberal peoples might peacefully share the planet with illiberal, but "decent" peoples elsewhere. This article shows that Rawls's two solutions do not easily mix. (shrink)

In Crowder’s reformulation of Berlin’s argument, not only does value pluralism provide support for liberalism, it actually suggests a version of liberalism that promotes the public use of personal autonomy. For Crowder, personal autonomy is a necessary element given value pluralism as it allows the individual to choose between a plurality of incommensurable options. In order to advance personal autonomy, Crowder advocates a robust account of freedom of exit coupled with a form of autonomy-facilitating education. To this effect Crowder posits (...) that it is acceptable to intervene in the lives of non-liberals in order to promote individual autonomy as a public ideal. However, I argue that despite the positive implications that a pro-autonomy account of liberalism may have for both the individual and the state, it will limit range of acceptable values within the liberal state and thus undermine certain aspects of value pluralism. (shrink)

The question of why group-differentiated rights might be a requirement of justice has been a central focus of identity politics in recent decades. I attempt to bring some clarity to this discussion by proposing a typology to track the various ways in which individuals can be harmed or benefited as a consequence of their membership in social groups. It is the well-being of individuals that group-differentiated rights should be understood as protecting, and so clarity on the relationship between group membership (...) and well-being is vital. One of the problems with the way in which such justifications have often been formulated in the past has been that they inadvertently position the group as a handicap to be overcome, rather than a value to be protected. I seek to overcome this limitation by clearly specifying the circumstances under which group membership is a liability, and the circumstances under which it has value. While this distinction is important, in both cases there is a relevant interest at stake, and thus the groundwork can be laid for a defence of group-differentiated rights. (shrink)

Justifications of group-differentiated rights commonly overlook a crucial practical consideration: if rights are to be allocated on the basis of group membership, how should we determine which individuals belong to which group? Assuming that social identities are fixed and transparent runs the risk of creating further injustices, whilst acknowledging that social groups are porous and heterogeneous runs the risk of rendering group-differentiated rights impracticable. In this paper, I develop a schema for determining group membership which avoids both horns of this (...) dilemma. (shrink)

This article starts by setting out the evaluative criteria provided by Will Kymlicka's liberal account of individual freedom and equality. Kymlicka's theory of cultural minority rights is then analysed using these criteria and found to be defective in two respects. First, his assignment of different rights to national and ethnic groups is shown to be inegalitarian with regard to generations after the first. Second, his recommendation of strong cultural protections is shown in some circumstances to undermine freedom and equality. Towards (...) the end of the article a policy of gradual and inclusive assimilation is described that may effectively promote the freedom and opportunities of members of cultural minorities. In conclusion, group-specific rights may, as Kymlicka says, be justified in liberal terms, but only where they differ in content from those he proposes. (shrink)

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

in a very different sense, to refer to the cultural community, or cultural structure, itself On this view, the cultural community continues to exist even when its members arc free to modify the character of the culture, should they find its traditional ...

Although national identity is valuable in a variety of ways, I argue that its value is not sufficient to justify a group’s right to govern itself, either in the form of an independent, sovereign state or an autonomous, sub-state government. My thesis is somewhat unusual—most philosophers who affirm the value of national identity also endorse the right of a national community to some form of self-government, and most philosophers who deny that a national community has the right to any form (...) of self-government also deny the value of national identity. (shrink)

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (shrink)

Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...) just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the jus sanguinis (citizenship based on "blood" or descent) approaches to citizenship acquisition. In the course of this argument I show why arguments made by Peter Schuck, Rogers Smith, Peter Spiro, Linda Bosniak, and Ayelet Shachar, among others, against this view, are mistaken. This justice-based approach to citizenship also has significant implications for naturalization law and policy. First, I argue that it requires open and easy naturalization and show why the use of naturalization policy to foster national identification is wrong. Second, I demonstrate that if naturalization is easy and open, some rules limiting certain social benefits and privileges to citizens may be compatible with justice, thereby providing a foundation for future discussions of alienage law. (shrink)

The philosophical tradition of liberal political thought has come to see tolerance as a crucial element of a liberal political order. However, while much has been made of the value of toleration, little work has been done on individual-level motivations for tolerant behavior. In this article, we seek to develop an account of the rational motivations for toleration and of where the limits of toleration lie. We first present a very simple model of rational motivations for toleration. Key to this (...) model is an application of David Ricardo’s model of trade to thinking about toleration. This model supports the claim that we always have reasons to be as tolerant as possible. We then explore why we do not always see tolerant attitudes in the actual world, and point to some potential preconditions for toleration that the initial model does not capture. Subsequently, we examine a more detailed model that allows us to investigate more carefully the conditions under which tolerant behavior can be rewarded. We conclude by arguing that a consideration of self-interested motivations for toleration is essential to the success of a robust theory of toleration for a diverse society, but that even this approach has its limitations. (shrink)

Multilegalism is a species of legal pluralism denoting the existence of quasi-autonomous “minority jurisdictions” for at least some legal matters within a “normal” state jurisdiction. Multiculturalism in the advocatory sense might provide the justification for establishing such minority jurisdictions. This paper aims to provide 1) a detailed idea about what such a multicultural multilegal arrangement would amount to and how it differs from certain related concepts and legal frameworks, 2) in what sense some standard multicultural arguments could provide a starting (...) point for seriously considering multicultural multilegalism in practice, 3) how the idea fares against some standard liberal criticisms, and finally 4), to point out three salient problems for multilegalism, concerning a) choice of law problems, b) a dilemma facing us as to whether state supremacy should be upheld or not, and c) clashes with basic human rights. (shrink)

Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. It provides a novel approach to issues of identity politics, group rights, and racial identity, one which combines and develops the insights of contemporary critical theory and race theory, and will thus be of special interest to scholars in these fields.

The aim of this article is to present a conceptualization of cultural groups and cultural difference that provides a middle course between the Scylla of essentialism and the Charybdis of reductionism. The method I employ is the social mechanism approach. I argue that cultural groups and cultural difference should be understood as the result of cognitive and social processes of categorization. I describe two such processes in particular: categorization by others and self- categorization. Categorization by others is caused by processes (...) of ascription: the attribution by outsiders of certain characteristics, beliefs, and practices to indi- viduals who share a specific attribute. Self-categorization is caused by processes of inscription and community-building: the adoption of certain beliefs and practices as a result of socialization and enculturation. I therefore shift the focus from groups to categories, and from categories to processes of categorization. I show that this analytical distinction between categorization by others and self-categorization can clarify an ambiguity in dominant debates in contemporary multiculturalism. I conclude by indicating how injustices, commonly associated with multiculturalism, can better be understood as socially generated injustices, and how government should deal with these injustices. (shrink)

In this paper I argue that Barry, given the commitments that underlie his own theory of justice as impartiality, should be far more receptive to claims for cultural accommodation. Recognizing certain cultural rights claims will help balance against the ways that policies adopted by democratic majorities fail to treat members of minority cultural groups impartially. While I frame the paper in terms of an immanent criticism of this well-known opponent to multiculturalism, my analysis places demands on a whole section of (...) contractualist political theory. It has implications for any theory of justice that, like Barry’s justice as impartiality (or Rawls’ justice as fairness), is rooted in an account of what citizens could reasonably accept or reject. As such, it offers a contractualist approach to cultural difference that is better able to address the assertions of Iris Marion Young and others that political liberalism is another form of oppression. (shrink)

Pluralism is an essential feature of liberal democratic theory and practice and rests upon the fundamental value of tolerance. Today, commitment to various forms of constitutional representative democracy appears to be widespread, and globilization has diminished the political, economic, and cultural significance of borders to some degree. But concurrently, in a trend which seems to have accelerated since the end of the Cold War, there has been a marked increase in many areas around the world of conflict, tormoil, and violence (...) rooted in ethnic, religious, and regional identities. This trend, a sort of 21st century balkanization, is a serious threat to pluralism. This chapter defines pluralism and argues for its advantages. It also presents an argument against one influential approach to handling identity-based activities and claims, which advocates recognition of special group rights and privileges. The chapter concludes with the proposal of conditions conducive to the well-being and expansion of pluralism, and with suggestions for the kinds of public policies likely to foster such conditions. -/- . (shrink)

This paper provides an interpretation of the licensing provisions envisaged under the Human Fertilisation and Embryology Act 1990 as a model for a rule and exemption-based procedural strategy for the adjudication of potential ethical controversies, and it offers an account of the liberal-democratic legitimacy of the procedure’s outcomes as well as of the legal procedure itself. Drawing on a novel articulation of the distinction between exceptions and exemptions, the paper argues that such a rule and exemption mechanism, while not devoid (...) of attractions, is not immune from the criticisms often levied against procedural approaches to the management of pluralism: it either has to fall back on substantive justification in ways that are not helpful when trying to arbitrate a moral controversy, or it appears justificatorily groundless. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over representative versions (...) of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

This paper uses the fictional case of the ‘Babel fish’ to explore and illustrate the issues involved in the controversy about the use of cochlear implants in prelinguistically deaf children. Analysis of this controversy suggests that the development of genetic tests for deafness poses a serious threat to the continued flourishing of Deaf culture. I argue that the relationships between Deaf and hearing cultures that are revealed and constructed in debates about genetic testing are themselves deserving of ethical evaluation. Making (...) good policy about genetic testing for deafness will require addressing questions in political philosophy and anthropology about the value of culture and also thinking hard about what sorts of experiences and achievements make a human life worthwhile. (shrink)

This essay explores the possibility that religiously motivated intolerance and conflict can be reframed and positively utilized for constructive social-political purposes. After reviewing efforts by political philosophers over the past two decades to accommodate religious voices in political discourse, I scrutinize Charles Taylor’s attempt to improve upon the limits of “accommodationist” approaches to religious intolerance and conflict. I argue that both accommodationist and Taylor’s recognition-based approaches to religiously motivated conflict take the gravity of such conflict with insufficient seriousness. I then (...) explore the potential goods of intentional conflict by examining Chantal Mouffe’s account of agonistic pluralism as a proposal for thinking beyond tolerance as an orienting value for resolving intransigent conflict. While I argue that Mouffe’s account finally suffers from certain of the same misgivings as the accommodationist and recognition-based approaches, I conclude that agonistic pluralism’s aim to conceptually reframe (rather than eliminate) intolerance and conflict moves in an important and promising direction. (shrink)

In this article, I develop a conception of multiculturalism that is compatible with Mill's liberal framework. I argue, drawing from Mill's conception of the nation-state, that he would expect cultural minorities to assimilate fully into the political sphere of the dominant culture, but to assimilate only minimally, if at all, into the cultural sphere. I also argue that while Mill cannot permit cultural accommodations in the form of self-government rights, he would allow for certain accommodation rights which assist cultural minorities (...) in preserving their cultural particularity. While this is indeed a modest multiculturalism, it helps to demonstrate that Mill was not as hostile towards custom or minority groups as certain passages may appear to suggest. (shrink)

This paper examines Rorty's notion of philosophy as cultural politics. Highlighting its explicitly Deweyan origins, I trace this idea to Rorty's call in the 1970s for philosophers to be more involved in the cause of enlarging human freedom. Rorty brings philosophy into his project of expanding the conversation beyond the West to include excluded voices through literature and narrative. After underscoring Rorty's important contributions, I argue that rather than merely assimilating non-Western voices to "our" conversation, cultural politics demands that privileged (...) philosophers start joining the conversations of others. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions. (shrink)